The Christmas Guys by Elfperts Inc Terms of Service

Terms and Conditions

Agreement Between User and The Christmas Guys

Welcome to https://christmasguys.com/. This website (the “Site”) is operated by ELFPERTS INC doing business as The Christmas Guys (“The Christmas Guys,” “we,” “us,” or “our”). The Site is offered to you conditioned upon your acceptance of the terms, conditions, and notices contained herein (the “Terms”). By accessing or using the Site, you agree to these Terms. Please read them carefully and keep a copy for your reference.

The Site provides information regarding The Christmas Guys’ residential and commercial holiday decorating, Christmas lighting, installation, takedown, storage, maintenance, service, and related offerings and allows customers and prospective customers to contact us, request information, submit project details, and inquire about our services.

Separate Service Agreements

These Terms govern use of the Site and our general electronic communications. Estimates, proposals, invoices, decorating agreements, installation agreements, storage agreements, maintenance agreements, warranties, payment plans, and other service-specific documents provided by The Christmas Guys may contain additional terms governing a particular project or transaction. If there is a conflict between these Website Terms and a signed or accepted project-specific agreement, the project-specific agreement will control with respect to that project.

Privacy

Your use of the Site is subject to The Christmas Guys Privacy Policy. Please review our Privacy Policy, which explains our data collection, use, disclosure, and messaging practices.

Electronic Communications

Visiting the Site, submitting an online form, sending an email or text message to The Christmas Guys, or otherwise communicating with us electronically constitutes an electronic communication. You consent to receive communications from us electronically where permitted by law and according to any communication preferences or consent you provide. You agree that agreements, notices, disclosures, and other communications that we provide electronically may satisfy applicable requirements that such communications be in writing.

SMS and Text Messaging Terms

Program Name: The Christmas Guys SMS Program.

Program Description: Customers and prospective customers who opt in to receive SMS messages from The Christmas Guys may receive informational, transactional, customer-service, and/or marketing messages depending on the consent provided. Messages may include responses to inquiries, estimate and proposal follow-ups, appointment and scheduling communications, installation and takedown updates, service and repair notifications, invoice reminders, seasonal communications, pre-season or prepayment communications, customer-care messages, reactivation follow-ups, and promotional offers.

Message frequency varies depending on your interactions with The Christmas Guys, your project or service needs, and the types of communications to which you have consented. Message and data rates may apply to messages sent to you from us and to messages you send to us. Contact your wireless carrier with questions regarding your text or data plan.

STOP / Opt-Out: You may cancel SMS communications at any time by replying STOP to a message from The Christmas Guys. After you send STOP, you may receive a confirmation message that you have been unsubscribed. After your opt-out is processed, you will no longer receive messages covered by that SMS subscription unless you subsequently opt in again.

HELP / Customer Support: Reply HELP to a The Christmas Guys text message for assistance. You may also contact us at estimates@christmasguys.com or (518) 712-9627.

Carrier Liability: Carriers are not liable for delayed or undelivered messages.

Age Restriction: You must be 18 years of age or older to use The Christmas Guys SMS service.

Consent to receive marketing text messages is not a condition of purchasing goods or services from The Christmas Guys. Where separate marketing and non-marketing consent options are presented, communications will be sent according to the consent selections you make.

For information regarding how we collect, use, and protect personal information and mobile messaging consent data, please review our Privacy Policy.

Children

The Site is not intended to solicit personal information from children under the age of 13. The Christmas Guys does not knowingly collect personal information from children under 13 through the Site. Individuals under 18 should use the Site only with the involvement or permission of a parent or guardian where required.

Links to Third-Party Sites and Third-Party Services

The Site may contain links to websites, platforms, or services operated by third parties (“Linked Sites”). Linked Sites are not under the control of The Christmas Guys, and we are not responsible for their content, privacy policies, terms, availability, or practices. Links are provided for convenience and do not necessarily constitute endorsement of the Linked Site or its operator.

Certain functions used in connection with the Site or our services may be provided by third-party service providers, including providers supporting forms, communications, scheduling, customer relationship management, payments, analytics, advertising, hosting, storage, logistics, and other business functions. Information may be provided to such service providers only as reasonably necessary for them to perform services on our behalf and subject to our Privacy Policy. Mobile information and SMS opt-in consent will not be sold, rented, or shared with third parties for their own marketing or promotional purposes.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a limited, non-exclusive, non-transferable, revocable right to access and use the Site in accordance with these Terms. As a condition of your use of the Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in a manner that could damage, disable, overburden, impair, or interfere with the Site or another person’s use of the Site.

Unless otherwise indicated, content included on the Site, including text, graphics, logos, photographs, designs, videos, and other materials, is owned by or licensed to The Christmas Guys and is protected by applicable copyright, trademark, and other intellectual property laws. You may use Site content for personal, non-commercial informational purposes only unless The Christmas Guys provides written authorization for another use.

You may not reproduce, modify, publish, distribute, sell, transmit, create derivative works from, commercially exploit, or otherwise make unauthorized use of protected Site content without permission from The Christmas Guys or the applicable rights holder.

Information and Materials You Provide

The Christmas Guys does not claim ownership of materials you voluntarily provide to us, including property photographs, project information, decorating preferences, feedback, comments, measurements, descriptions, or other submissions (“Submissions”). By providing a Submission, you represent that you have the right to provide it and authorize The Christmas Guys to use the Submission as reasonably necessary to evaluate, design, quote, install, maintain, service, store, document, or communicate regarding the services you request.

Accuracy of Information

We make reasonable efforts to keep information on the Site accurate and current, but Site content may contain errors, omissions, outdated information, or general descriptions that do not apply to every property or project. Information on the Site does not constitute a binding estimate, proposal, warranty, or guarantee unless expressly stated in a separate agreement provided by The Christmas Guys.

Third-Party Products and Services

The Christmas Guys may reference, recommend, install, integrate with, or provide access to products or services supplied by third parties. Third-party products and services may be subject to separate manufacturer, provider, software, application, warranty, or service terms. The Christmas Guys is not responsible for independent third-party websites, platforms, applications, or services except to the extent responsibility is expressly assumed in a written agreement with you.

International Users

The Site is controlled and operated from the United States. If you access the Site from outside the United States, you are responsible for compliance with laws applicable to your location.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ELFPERTS INC doing business as The Christmas Guys, and its officers, directors, employees, agents, contractors, and representatives, from losses, costs, liabilities, damages, and reasonable attorneys’ fees arising out of or relating to your misuse of the Site, your violation of these Terms, your violation of applicable law, or your infringement of the rights of another person or entity.

Arbitration

To the extent permitted by applicable law, if the parties are unable to resolve a dispute arising out of or relating to these Terms through informal efforts, such dispute shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act and administered by the American Arbitration Association or another mutually agreed arbitration provider. Unless otherwise agreed, the arbitration shall take place in New York. The arbitrator’s award shall be final and judgment may be entered in a court having jurisdiction. The arbitrator shall determine questions regarding the scope and enforceability of this arbitration provision. This provision shall survive termination of these Terms.

Class Action Waiver

To the extent permitted by applicable law, arbitration and other claims arising under these Terms shall proceed on an individual basis. Neither party may bring claims against the other as a plaintiff or class member in a purported class, collective, consolidated, or representative proceeding unless both parties expressly agree otherwise or applicable law requires otherwise.

Liability Disclaimer

THE SITE AND THE INFORMATION, MATERIALS, AND FUNCTIONALITY AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE CHRISTMAS GUYS MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM TECHNICAL DEFECTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELFPERTS INC DOING BUSINESS AS THE CHRISTMAS GUYS AND ITS SUPPLIERS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO USE OF OR INABILITY TO USE THE SITE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Termination / Access Restriction

The Christmas Guys reserves the right to restrict or terminate access to the Site or portions of the Site where reasonably necessary, including in response to misuse, unlawful activity, security concerns, or violations of these Terms.

Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, except to the extent federal law applies. Subject to the arbitration provision above, disputes that may properly be brought in court shall be brought in a court of competent jurisdiction in New York.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the maximum extent permitted by law. Failure by The Christmas Guys to enforce a provision of these Terms shall not constitute a waiver of that provision or any other provision.

Changes to Terms

ELFPERTS INC doing business as The Christmas Guys may update these Terms from time to time to reflect changes to our Site, services, communications practices, business operations, or applicable requirements. The current version posted on the Site will supersede prior versions from its effective date forward. We encourage users to periodically review these Terms.

Contact Us

Questions or comments regarding these Terms may be directed to:

The Christmas Guys
ELFPERTS INC doing business as The Christmas Guys
9 Corporate Drive, Suite 4B
Clifton Park, New York 12065
Phone: (518) 712-9627
Email: estimates@christmasguys.com

Effective Date: August 25, 2026